RTI Act (Right To Information Act)(Contd.)
Definition of Information
Information means material in any form including Records, Documents,
Memos, E-mails, Opinions, Advices, Press releases, Circulars,
Orders, Log Books, Contracts, Papers, Samples, Models and Data
material held in any electronic form.
Information relating to any private body which can be assessed by a
public authority and includes the right to inspection work,
Documents, Records, Extracts or certified copies of documents or
records and obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic mode or
through print out where such information is stored in a computer or
in any other device.
Disposal of request
The PIO on receipt of request under section 6 shall as expeditiously
as possible and in any case within 30 days of the receipt of the
request either provide the information on payment of such fee as may
be prescribed or reject the request for any of the reasons specified
in section – 8 & 9. If APIO receives application it will be 35 days.
PIO includes APIO.
Exemption from disclosure of
information (Section 8, 9 & 24)
Information that would prejudicially affect the sovereignty and
integrity of India, the security, strategic , scientific or economic
interest of the state, relation with foreign state or lead to
incitement of an offence.
b) Information forbidden to
be published by any court of law or tribunal or the disclosure of
which may constitute contempt of court.
Information the disclosure of which would cause a breach of
privilege of parliament or the state Legislature.
d) Commercial and trade
secret, intellectual property etc. that would harm the competitive
position of a third party.
e) Information of fiduciary
relationship (information shares between husband and wife, Doctor –
patient, Client – lawyer, Landlord – tenant).
Information received in confidence from Foreign Government.
Information disclosure endangers life and physical safety of any
h) Information which
would impede the process of investigation or apprehension or
prosecution of offenders .
Cabinet papers including records of deliberation of the council of
Ministers, Secretaries and other officers.
All exemptions subject to public interest override. If Public
interest out ways protected interest then public interest shall be
look into and information must be disclosed. The power to decide
whether public interest is with the PIO or the appellate authority.
If information given infringes the copy right of any person other
than the State.
The Organizations like Intelligence Bureau, Research and Analysis
Wing of the Cabinet Secretariat, Directorate of Revenue
Intelligence, Central Economic Intelligence Bureau, Directorate of
Enforcement, Narcotics Control Bureau, Aviation Research Centre,
Special Frontier Force, Border Security Force, Central Reserve
Police Force, Indo-Tibetan Border Police, Central Industrial
Security Force, National Security Guards, Assam Rifles, Special
Service Bureau, Special Brach (CID), Andaman and Nicobar, The Crime
Branch C.I.C.-C.B. , Dadra and Nagar Haveli, Special Branch,
Lakshadweep Police are exempted for disclosure of information under
But information relating to allegation of corruption and of human
rights violation will be given only with the approval of the Central
and State Information Commission – as the case may be. Time limit
for the same is 45 days from the date of receipt of request.
Benefits of the Act
Enhances transparency, credibility and legitimacy
of public authority.
Increases efficiency, vitality, alertness which
are the major ingredients for smooth & effective functioning of
Effective information flow helps citizen to
secure their right and entitlement.
Encourages public authority to be sensible and to
make optimum use of limited fiscal resources.
Reminds public authorities their power and duty
including channels of supervision and accountability.
Free flow of information can tackle any disaster
there by enables sustained development and growth.
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